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Section 74 Challenge Resource Page

This site contains information you will need to successfully challenge under Section 74 of the Firearms Act on the so called “Nullification” of your registration certificates.

What you should do at the date set hearing.

1) Understand that in that hearing it will be a Justice of the Peace, not a judge, so do not argue the case.

2) do not claim the OiC is illegal, do not discuss the OiC, but assume it is legal. Otherwise you’ll get tossed right off.

3) this is about ruling on the validity of the nullification order.  Note that some people are getting Freedom of Information requests on the status of their new prohibs finding out their certificates are “administratively expired”.  Note that neither that nor nullification is in the firearms act (have sections 72 onwards ready)   https://laws-lois.justice.gc.ca/eng/acts/f-11.6/FullText.html   Search for Notice of refusal to issue or revocation

4) you are asking the courts to rule on the legality of the letter.  If it’s illegal, it needs to be rescinded and a new order issued as per Sec 72.


Leave it at that.  Don’t get into an argument with the Crown lawyer, if present.  Leave that to the actual case. Press that this is a critical criminal issue for you, and a date sooner than later is expedient. This meet should be short, don’t waste the court’s time.

Get in touch:

j.richard.wakefield@gmail.com

This is a closed group

We can ask for a 12(8) licence?

Possible. Section 12(8):

  • Grandfathered individuals — regulations re prohibited firearms
  • (8) An individual is, in the prescribed circumstances, eligible to hold a licence authorizing the individual to possess firearms prescribed by a provision of regulations made by the Governor in Council under section 117.15 of the Criminal Code to be prohibited firearms if the individual
    • (a) on the day on which the provision comes into force possesses one or more of those firearms; and
    • (b) beginning on
      • (i) the day on which that provision comes into force, or
      • (ii) in the case of an individual who on that day did not hold but had applied for a registration certificate for one or more of those firearms, the day on which the registration certificate was issued was continuously the holder of a registration certificate for one or more of those firearms.

Reading this section seems to indicate that any firearms made prohibited under a OiC Regulation means we should automatically get a 12(8) addition to our licences. This could be why the “nullification” afterthought by the Registrar of Firearms. To prevent us from seeking that grandfathering. But they couldn’t do it through a Sec 72, so they made it up on the fly!

Which is of course illegal, hence our challenge to deem it so by a judge.

Keep in mind that Section 72 was written for government to explicitly follow. They must abide by the laws!!

Click here for how to request a 12(8) addition. It will be denied of course, but you can then use that rejection in your case as to why they tried the nullification order.

Can We Apply for 12(9) Licence?

Absolutely. The OiC created by decree a new class of firearms: assault-style firearms. The OiC mentions the term twenty times, explicitly listing firearms that, in their view, belong to this new class. See http://gazette.gc.ca/rp-pr/p2/2020/2020-05-01-x3/html/sor-dors96-eng.html

Section 12(9) says:

Grandfathered individuals — regulations

(9) An individual is eligible to hold a licence authorizing the individual to possess prohibited firearms of a prescribed class if the individual

(a) possesses one or more firearms of that class on a day that is prescribed with respect to that class;

(b) holds a registration certificate for one or more firearms of that class in the circumstances prescribed with respect to that class; and

(c) was continuously the holder of a registration certificate for one or more firearms of that class beginning on the day that is prescribed — or that is determined under the regulations — with respect to that class.

The OiC explicitly created this prescribed class. Ergo, we are entitled to apply for a 12(9) grandfathering. This likely why the Registrar of Firearms issued the nullification, so we cannot apply for this addition to our licenses and new 12(9) registration certificates.

Because this applies to EVERY gun in the list on the OiC and EVERY gun the RCMP subsequently changed to prohib in the FRT, then every person affected should immediately apply for a 12(9).

How to do that will be posted soon.

12(9) is preferable to 12(8) because of this section of the Firearms Act:

  • Target practice or competition
  • (1.1) In the case of an authorization to transport issued for a reason referred to in paragraph (1)(a) within the province where the holder of the authorization resides, the specified places must — except in the case of an authorization that is issued for a prohibited firearm referred to in subsection 12(9) — include all shooting clubs and shooting ranges that are approved under section 29 and that are located in that province.
  • Exception for prohibited firearms other than prohibited handguns
  • (2) Despite subsection (1), an individual must not be authorized to transport a prohibited firearm — other than a handgun referred to in subsection 12(6.1) or a prohibited firearm referred to in subsection 12(9) — between specified places except for the purposes referred to in paragraph (1)(b).

Section 72 of the Firearms Act

Notice of refusal to issue or revocation

  • 72 (1) Subject to subsection
  • (1.1), if a chief firearms officer decides to refuse to issue or to revoke a licence or authorization to transport or the Registrar decides to refuse to issue or to revoke a registration certificate, authorization to export or authorization to import, the chief firearms officer or Registrar shall give notice of the decision in the prescribed form to the applicant for or holder of the licence, registration certificate or authorization.
  • When notice not required
  • (1.1) Notice under subsection (1) need not be given in any of the following circumstances:
    • (a) if the holder has requested that the licence, registration certificate or authorization be revoked; or
    • (b) if the revocation is incidental to the issuance of a new licence, registration certificate or authorization.
  • Material to accompany notice
  • (2) A notice given under subsection (1) must include reasons for the decision disclosing the nature of the information relied on for the decision and must be accompanied by a copy of sections 74 to 81.

Section 74 of the Firearms Act

References to Provincial Court Judge

Reference to judge of refusal to issue or revocation, etc.

  • 74 (1) Subject to subsection (2), where
    • (a) a chief firearms officer or the Registrar refuses to issue or revokes a licence, registration certificate, authorization to transport, authorization to export or authorization to import,
    • (b) a chief firearms officer decides under section 67 that a firearm possessed by an individual who holds a licence is not being used for a purpose described in section 28, or
    • (c) a provincial minister refuses to approve or revokes the approval of a shooting club or shooting range for the purposes of this Act,the applicant for or holder of the licence, registration certificate, authorization or approval may refer the matter to a provincial court judge in the territorial division in which the applicant or holder resides.
  • Limitation period
  • (2) An applicant or holder may only refer a matter to a provincial court judge under subsection (1) within thirty days after receiving notice of the decision of the chief firearms officer, Registrar or provincial minister under section 29, 67 or 72 or within such further time as is allowed by a provincial court judge, whether before or after the expiration of those thirty days.
  • 75 (1) On receipt of a reference under section 74, the provincial court judge shall fix a date for the hearing of the reference and direct that notice of the hearing be given to the chief firearms officer, Registrar or provincial minister and to the applicant for or holder of the licence, registration certificate, authorization or approval, in such manner as the provincial court judge may specify.
  • Evidence
  • (2) At the hearing of the reference, the provincial court judge shall hear all relevant evidence presented by or on behalf of the chief firearms officer, Registrar or provincial minister and the applicant or holder.
  • Burden of proof
  • (3) At the hearing of the reference, the burden of proof is on the applicant or holder to satisfy the provincial court judge that the refusal to issue or revocation of the licence, registration certificate or authorization, the decision or the refusal to approve or revocation of the approval was not justified.
  • Where hearing may proceed ex parte
  • (4) A provincial court judge may proceed ex parte to hear and determine a reference in the absence of the applicant or holder in the same circumstances as those in which a summary conviction court may, under Part XXVII of the Criminal Code, proceed with a trial in the absence of the defendant.

Decision by provincial court judge

76 On the hearing of a reference, the provincial court judge may, by order,

  • (a) confirm the decision of the chief firearms officer, Registrar or provincial minister;
  • (b) direct the chief firearms officer or Registrar to issue a licence, registration certificate or authorization or direct the provincial minister to approve a shooting club or shooting range; or
  • (c) cancel the revocation of the licence, registration certificate, authorization or approval or the decision of the chief firearms officer under section 67.

Other relevant sections

Section 12.8 and 12.9 of the Firearms Act.

  • Grandfathered individuals — regulations re prohibited firearms
  • (8) An individual is, in the prescribed circumstances, eligible to hold a licence authorizing the individual to possess firearms prescribed by a provision of regulations made by the Governor in Council under section 117.15 of the Criminal Code to be prohibited firearms if the individual
    • (a) on the day on which the provision comes into force possesses one or more of those firearms; and
    • (b) beginning on
      • (i) the day on which that provision comes into force, or
      • (ii) in the case of an individual who on that day did not hold but had applied for a registration certificate for one or more of those firearms, the day on which the registration certificate was issued was continuously the holder of a registration certificate for one or more of those firearms.
  • Grandfathered individuals — regulations
  • (9) An individual is eligible to hold a licence authorizing the individual to possess prohibited firearms of a prescribed class if the individual
    • (a) possesses one or more firearms of that class on a day that is prescribed with respect to that class;
    • (b) holds a registration certificate for one or more firearms of that class in the circumstances prescribed with respect to that class; and
    • (c) was continuously the holder of a registration certificate for one or more firearms of that class beginning on the day that is prescribed — or that is determined under the regulations — with respect to that class.

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